Caveat petition format under Section 148A CPC
A caveat is a precautionary notice filed by a person who expects that an application will be made against them in a suit or proceeding, asking to be heard before any order is passed. It is filed under Section 148A CPC and remains in force for 90 days from filing.
Key points
- Section 148A CPC; valid for 90 days from the date of filing.
- The caveator must serve notice of the caveat on the person expected to apply.
- The applicant must then serve their application on the caveator.
The law: old and new provisions
| Subject | Law now | Before 1 July 2024 |
|---|---|---|
| Caveat | Section 148A CPC | — |
Which court or authority
The court where the application is expected to be filed.
What the document should contain
- Caveator’s details
- The expected proceeding and the likely applicant
- Request to be heard before any order
- Proof of service on the likely applicant
Documents to attach
- Copy of the impugned order or decree, if any
- Postal receipt of service of the caveat
Procedure
- Serve the caveat on the likely applicant by registered post
- File it in court with proof of service
- Renew after 90 days if still needed
Common mistakes
- Not serving the likely applicant
- Letting it lapse after 90 days
Frequently asked questions
How long is a caveat valid?
90 days from filing (Section 148A(5) CPC). A fresh caveat can be filed after it lapses.